• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Call For A Free Consultation651-686-8800
  • Firm Overview
    • Articles
    • Settlements & Verdicts
    • Video Center
  • Attorneys
    • Jeffrey S. Sheridan
    • DeAnne L. Dulas
    • Andrew T. Hunstad
    • Randall A. Kins
  • Practice Areas
    • Criminal Defense
    • Aggressive DWI Defense
    • Aviation Lawyers
    • Family Law
    • Estate Planning & Litigation
    • LGBT Rights and Family Issues
    • Business Law And Litigation
      • Real Estate Law
      • Small Business Law
    • Federal Workers’ Compensation
    • Other Areas Of Law
  • Blog
  • Contact

Courts May Consider Potential Income When Setting Child Support

June 23, 2016 by Sheridan & Dulas, P.A.

Minnesota child support is calculated using guidelines that take into consideration the income of both parents. But what if an obligated parent is voluntarily underemployed, unemployed or working part-time? What if there is no clear evidence of the obligated parent’s income? In these situations the court must calculate child support based on the parent’s potential income.

In determining a parent’s potential income, the court may consider the parent’s likely earnings based on their work history and qualifications, taking into account employment opportunities and income levels in the community. The court will presume the parent can work 40 hours a week in most cases. Alternatively, the court can base its child support calculations on the amount the parent could earn working 30 hours per week at minimum wage, or on the amount of unemployment or workers compensation benefits the parent receives.

A parent’s underemployment, unemployment or less than full time employment will not be considered voluntary if it is temporary and leading to an increased income, if it is related to a genuine career change or if the parent is disabled. It will also not be considered voluntary if the parent is incarcerated — as long as the incarceration is not for failure to pay child support.

Issues of potential income in child support cases can be complex. Addressing these issues requires a thorough analysis of the obligor’s employment situation as well as a sophisticated understanding of the law in this area. A child support obligor or recipient with questions about imputing potential income can benefit from consulting a knowledgeable Minnesota family law attorney.

Categories: Child Support Tags: Child Support, Family Law

Primary Sidebar

Practice Areas

  • Criminal Defense
  • Aggressive DWI Defense
  • Family Law
  • Estate Planning & Litigation
  • LGBT Rights and Family Issues
  • Aviation Law
  • Federal Workers’ Compensation
  • Business Law And Litigation
    • Small Business Law
    • Real Estate Law
  • Other Areas Of Law

Contact the Firm

    Footer

    Schedule a Consultation

    Sheridan & Dulas, P.A. logo Sheridan & Dulas, P.A.

    1380 Corporate Center Curve #320
    Eagan, MN 55121

    Tel: 651-686-8800
    Driving Directions

    Hours

    Mon-Fri: 8:30 am – 5:00 pm

    Schedule a Consultation

    Practice Areas

    • Criminal Defense
    • Aggressive DWI Defense
    • Family Law
    • Estate Planning & Litigation
    • LGBT Rights and Family Issues
    • Aviation Law
    • Federal Workers’ Compensation
    • Business Law And Litigation
      • Small Business Law
      • Real Estate Law
    • Other Areas Of Law
    The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this website, in whole or in part, or communication with the Sheridan & Dulas, P.A. via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. You should not send any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose will not be privileged or confidential unless this firm has agreed to act as your legal counsel and you have executed a written engagement agreement with Sheridan & Dulas, P.A.. | Copyright © 2021 | All rights reserved | Disclaimer | Privacy Policy | Sitemap